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Surrogate Malave-Gonzalez

ESTATE OF BAKARY M. DARBOE, Deceased (17-798/B) — The administrator, the decedent’s spouse, seeks to lift the restrictions imposed upon her limited letters of administration so that she may judicially account for and distribute the proceeds of a personal injury action. The decedent sustained injuries in a motor vehicle accident on January 1, 2016 and died intestate on February 2, 2017 of unrelated causes. In addition to the petitioner, his distributees are six children, three of whom are infants under the age of 14. The three adult children and the New York City Department of Finance (NYS Tax) consent to the application. Because of the modest recovery, there are no proceeds to be paid to the three infant distributees, and the court has not appointed a guardian ad litem to represent their interests in this proceeding (see SCPA 2210 [12]). Counsel fees and disbursements are allowed in the sum requested. The sum of $3,005 is to be paid to the New York State Office of Victim Services in reimbursement of an overpayment of the decedent’s funeral expenses. The net distributable proceeds are to be paid to the spouse (see EPTL 4-1.1 [a] [1]). Decree signed. June 23, 2021

 
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